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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The DCA have contacted me more recently about it saying that if I can proove I didn't have this contract then they will drop it.....

 

That is a typical DCA nonsense. It is they who have to prove the contract not you. You cannot prove a negative.

 

My advice to you is

 

a) stop phoning anybody except O2 fraud - get everything in writing. Send you letters recorded delivery.

 

b) Do not communicate with the DCA in anyway particularly by phone. If they phone you refuse their security questions and they cannot continue. If they try to do so put the phone down. Sounds rude but you should not give your security details to anyone over the phone unless it is you have initiated the call. It is a favourite trick of indentity thieves to impersonate a DCA.

 

c) communicate only with O2 and then only in writing. Keep all correspondence. One exception - if O2 fraud communicate with you it is sensible as a matter of urgency to use the phone.

 

 

You have done the right thing to request a copy of the contract if it is in writing. If it was a phone contract they must send you the recording - if there is no recording there is no contract. You believe that the contract they say they have is a fraud - make them prove it. It is not enough for them to say that the contract must be yours simply because it has the right details. As you say it would have wouldn't it. You must offer to help their fraud department by actually seeing the paper or hearing the phone contract. It is very likely that as this is a fraud there is something in a paper contract that proves it and a phone contract will not have your voice. One wonders how good their fraud dept. is if this is the outcome of their investigation. Have you had any direct communication from the fraud department. If you have not I suspect it was never passed to them for investigation.

 

 

When you have sorted O2 you can go back to the DCA for the money they say was paid into the fraudulent account or have it applied to the CAP1 account.

 

You should be seriously worried about indentity theft. For all you know there may be bank accounts and credit cards out there in your name running up thousands of pounds in debt. Immediately (this moment!) go online to Experian and request a report online (costs £2) and check. O2 or the DCA may have already put a default marker on a CRA file.

 

 

Keep us informed.

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Have you requested a copy of your credit report yet! ?

 

If you have not been defaulted by O2 or the DCA you will find nothing about this disputed account on your report. They do not report acccounts until there is a default. or a poor payment record.

 

The importance is that there could be identity theft here and you must check this - not the O2 account but other accounts in your name opened by a fraudster.

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